Dolan v Corn Exchange (No 2)

• Jurisdiction: Ireland
• Judgment Date: 04 December 1975
• Date: 04 December 1975
• Docket Number: [S.C. No. 47 of 1974]
• Court: Supreme Court

(S.C.)

Dolan

and

Corn Exchange

Case stated - Question of law - Appeal from Circuit Court - Whether High Court may state a second Case for determination of Supreme Court - Late evidence -Judicial discretion - Interpretation Act, 1923 (No. 46), s. 12 - Courts of Justice Act, 1936 (No. 48), s. 38.

In relation to an appeal to the High Court from the Circuit Court in a civil action at the hearing of which oral evidence was given in the Circuit Court, sub-s. 3 of s. 38 of the Courts of Justice Act, 1936, provides that the judge who hears the appeal under that section may refer any question of law, arising in the appeal, to the Supreme Court by way of Case Stated for the determination of the Supreme Court and "may...